Young Lucy Dutton can apply for ILR in the UK

Lindsay Dutton, the mother of Lucy Dutton, the two-year-old who was who caught in a UK immigration black hole some weeks ago when she tried to extend her daughters visa application which was rejected by the Home Office, is “crying with tears of joy” as the Home Office have now reversed the decision and asked her to apply for indefinite leave to remain for her 2-year-old daughter instead.

Until Today, Lindsay, Lucy’s mother was under the impression that She may have to move back to Johannesburg in South Africa with young Lucy’s as a result of this. 

Our team top immigration lawyers UK are extremely happy with the outcome of this reversal by the Home Office who initially wanted to deport the infant. 

Lucy was born in Johannesburg in South Africa and came to the UK in 2008 when she was only 11 months old. Both her parents have British passports as their parents (lucy’s grandparents) are British citizens however this rule for South Africans to receive nationality based on family only extends to 1 generation which made Lucy unable to achieve this. Lucy entered the UK on a child visa. Her mother then tried to apply for an extension to this visa, and the UK Home Office sent a letter saying that the application had been rejected due to the fact that young Lucy had not been in the UK for 7 years.

Lucy’s local MP, Tonia Antoniazzi got involved and questioned the Home Office on how they can deport a 2-year-old child? Her questions were met by the answers of Home Office Minister, Seema Kennedy who assured the family that if Lucy applied for indefinite leave to remain which meant permanent residence in the UK, her application will be approved. 

One week ago, our team of immigration solicitors gave our expert advice on this matter. To read how we would have advised young Lucy and her mother Lindsay, click here.

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